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A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
As a person in active duty service, the Defendant, who was a person to be enlisted in the army on September 14, 2018, was not enlisted in the army on October 22, 2018 at the Busan Regional Military Manpower Office located in 301, a training course of Suwon-gun, Hongcheon-gun on October 14, 2018, which was located in 301, according to the French Military Manpower Office (Seoul Regional Military Manpower Office).
Summary of Evidence
1. Defendant's legal statement;
1. A written accusation;
1. B written statements;
1. Adjustment date and notification of enlistment of those who have given notice of enlistment in active duty service, and application of a copy of receipt of enlistment notice;
1. Article 88 (1) 1 of the relevant Act on criminal facts;
1. The crime of sentencing on the grounds of Article 62(1) of the Act on the Suspension of Execution (hereinafter referred to as “the grounds for sentencing favorable to the defendant”), is not enlisted without justifiable grounds for the reason that the defendant, who is a person subject to enlistment in active duty service, directly receives a written enlistment notice, and does not enter the military for the lapse of three days from the date of enlistment without justifiable grounds. In light of the quality of such crime, it is not good for the crime, and the importance of national security, national defense, national defense, and national defense obligations given to citizens, it is necessary to strictly punish the act of non-performance of the duty of enlistment without justifiable grounds as in the instant case, and even if there were records of punishment for the same crime, the crime in the instant case is committed, which is disadvantageous to the defendant; however, the defendant appears to have the attitude of recognizing and opposing the criminal act; it appears that the defendant continued to undergo the enlistment and undergo physical examination without justifiable grounds after receiving a written notice to undergo physical examination without justifiable grounds.